V. RECORDS AND TRANSCRIPTS

PROPOSED RULE 21. Physical Evidence

Any party relying on physical evidence may include as a part of the transcript a photograph of evidence, together with an explanation or description if deemed necessary, in lieu of transmitting the original evidence. If the relying party deems the original evidence to be of such importance that a photograph or a description cannot suffice to demonstrate such party's contention, such party may apply to the trial court for an order directing the transmission of evidence to this Court. In no event, unless directed by this Court, shall physical evidence be sent up which is bulky, cumbersome, or expensive to transport, or which by reason of its nature, is dangerous to handle.

When the physical evidence upon which the party is relying is a photograph, video tape, audio tape or other document, any party relying upon such documents shall cause the trial court clerk to transmit such original evidence to the court to be returned after final disposition of the appeal.